HB-4161, As Passed Senate, April 29, 2015

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4161

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 222 (MCL 750.222), as amended by 2012 PA 242.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 222. As used in this chapter:

 

     (a) "Alcoholic liquor" means that term as defined in section

 

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1105.

 

     (b) "Barrel length" means the internal length of a firearm as

 

measured from the face of the closed breech of the firearm when it

 

is unloaded, to the forward face of the end of the barrel.

 

     (c) "Brandish" means to point, wave about, or display in a

 

threatening manner with the intent to induce fear in another

 

person.

     (d) (c) "Controlled substance" means a controlled substance or

 

controlled substance analogue as those terms are defined in section

 

7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (e) (d) "Firearm" means a any weapon from which a dangerous

 

will, is designed to, or may readily be converted to expel a

 

projectile may be propelled by action of an explosive. , or by gas

 

or air. Firearm does not include a smooth bore rifle or handgun

 

designed and manufactured exclusively for propelling by a spring,

 

or by gas or air, BBs not exceeding .177 caliber.

 

     (f) (e) "Pistol" means a loaded or unloaded firearm that is 26

 

inches or less in length, or a loaded or unloaded firearm that by

 

its construction and appearance conceals itself as a firearm.

 

     (g) "Pneumatic gun" means that term as defined in section 1 of

 

1990 PA 319, MCL 123.1101.

 

     (h) (f) "Purchaser" means a person who receives a pistol from

 

another person by purchase, gift, or loan.

 

     (i) "Rifle" means a firearm designed or redesigned, made or

 

remade, and intended to be fired from the shoulder and designed or

 

redesigned and made or remade to use the energy of the explosive in

 

a fixed metallic cartridge to fire only a single projectile through

 

a rifled bore for each single pull of the trigger.

 

     (j) (g) "Seller" means a person who sells, furnishes, loans,

 

or gives a pistol to another person.

 

     (k) "Short-barreled rifle" means a rifle having 1 or more

 

barrels less than 16 inches in length or a weapon made from a

 

rifle, whether by alteration, modification, or otherwise, if the

 

weapon as modified has an overall length of less than 26 inches.

     (l) "Short-barreled shotgun" means a shotgun having 1 or more

 

barrels less than 18 inches in length or a weapon made from a

 

shotgun, whether by alteration, modification, or otherwise, if the

 

weapon as modified has an overall length of less than 26 inches.

 

     (m) (h) "Shotgun" means a firearm designed or redesigned, made

 

or remade, and intended to be fired from the shoulder and designed

 

or redesigned and made or remade to use the energy of the explosive

 

in a fixed shotgun shell to fire through a smooth bore either a

 

number of ball shot or a single projectile for each single function

 

of the trigger.

 

     (i) "Short-barreled shotgun" means a shotgun having 1 or more

 

barrels less than 18 inches in length or a weapon made from a

 

shotgun, whether by alteration, modification, or otherwise, if the

 

weapon as modified has an overall length of less than 26 inches.

 

     (j) "Rifle" means a firearm designed or redesigned, made or

 

remade, and intended to be fired from the shoulder and designed or

 

redesigned and made or remade to use the energy of the explosive in

 

a fixed metallic cartridge to fire only a single projectile through

 

a rifled bore for each single pull of the trigger.

 

     (k) "Short-barreled rifle" means a rifle having 1 or more

 

barrels less than 16 inches in length or a weapon made from a

 

rifle, whether by alteration, modification, or otherwise, if the

 

weapon as modified has an overall length of less than 26 inches.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4160 of the 98th Legislature is enacted into

law.